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JOAN RUFFIER vs FLORIDA ELECTIONS COMMISSION, 02-004913 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-004913 Visitors: 38
Petitioner: JOAN RUFFIER
Respondent: FLORIDA ELECTIONS COMMISSION
Judges: HARRY L. HOOPER
Agency: Commissions
Locations: Orlando, Florida
Filed: Dec. 31, 2002
Status: Closed
Recommended Order on Friday, March 21, 2003.

Latest Update: Aug. 25, 2003
Summary: Political committee satisfied the statute in appointing a deputy campaign treasurer; it was not necessary that they do so on a Division of Elections form.
FLORIDA ELECTIONS COMMISSION F ; 107 W. Gaines Street | ) Cy, Collins Building, Suite 224 . | oO Tallahassee, Florida 32399-1050 (850) 922-4539 August 22, 2003 Robin Gibson, Esquire Gibson, Valenti & Ashley 212 East Stuart Avenue Lake Wales, Florida 33853 RE: Case No.: FEC 02-132 & 02-131 UA-44/4 . Dear Mr. Gibson: CH Ya o| OUXE4§ The Florida Elections Commission at its last regularly scheduled meeting considered the above referenced case and issued the final order that is enclosed. Please let me know if you have any questions. Sincerely, Abu Egilhactim Barbara M. Linthicum Executive Director Enclosure: Final Order ce: Bosion of Administrative Hearings Joan Ruffier, Respondent w/out enclosure George Sheldon, Respondent w/out enclosure Robert Kaplan, Complainant Dept. of State, Division of Elections, Filing Officer Faa019 (1/98) mip Res 1 . ~ OS AUS 22 FH 1:38 Giat LF PLoS STATE OF FLORIDA ELECTIO FLORIDA ELECTIONS COMMISSION FLORIDA ELECTIONS COMMISSION, Petitioner,? a ) ied FEC Case No.: 02-132)” o Vv. DOAH Case No.: 02-4913 JOAN RUFFIER, Respondent, / FLORIDA ELECTIONS COMMISSION, ‘ Petitioner, FEC Case No.: 02-131 Vv. DOAH Case Nos.: 02-4914 GEORGE SHELDON, F.O. No.: DOSFEC 03-241 Respondent. FINAL ORDER lfhe ALJ in his Recommended Order aligned the Commission as Respondent and Joan Ruffier and George Sheldon as Petitioners. Since the FEC is the charging party and bears the burden of proof it appears more appropriate to reverse this alignment. On May 22, 2003, this cause came on to be heard before the Florida Elections Commission (FEC or Commission). At the meeting, the FEC reviewed the Recommended Order entered by Administrative Law Judge (ALJ), Harry L. Hooper, on March 21, 2003. The FEC has also addressed the Exceptions to the Recommended Order filed by the staff of the Commission acting as advocate for the FEC as well as the Responses thereto filed by the Respondents.” APPEARANCES For Petitioners: Eric M. Lipman, Esquire Florida Elections Commission 107 West Gaines Street Tallahassee, FL 323999-1050 For Respondent: Robin Gibson, Esquire Gibson, Valenti & Ashley 212 East Stuart Avenue Lake Wales, Florida 33853 THE FEC STAFF’S EXCEPTIONS 1. Staff Exception #1 is approved. As the FEC has consistently held, FEC v. Morroni, Case No. FEC 97-060; FEC v. Bosezar, Case No. FEC 95-053; Division of Elections v. 2the FEC has reviewed the entire record and heard arguments of counsel. De La Portilla, Case No. FEC 93-045; FEC v. Harris, Case No. FEC 98-087; FEC v. De La Portilla, Case No. FEC 00-006; FEC v. Proctor, Case No. FEC 99-065; the burden of proof in cases involving alleged violations of Chapter 106 is by a “preponderance of the evidence.” For this reason, the FEC rejects the ALJ's characterization (COL @ § 17) of the burden as being “clear and convincing.” That being said, the Commission finds that the facts as found by the ALJ support the conclusions in the Recommended Order as modified by the FEC’s conclusions herein under either burden. 2. The Commission rejects Staff Exception #2. The FEC fully supports the Division of Elections’ position that parties required to submit information to the Division should do so using the appropriate forms. However, the evidence as found by the ALJ showed that Respondents did notify the Division that a new Deputy Treasurer for the political committee involved had been appointed prior to the submission of the Quarterly Report at issue even though the form used was that designated for candidates not for committees. Given the facts of this case, the Commission cannot say that the Respondents’ use of the incorrect form made their Quarterly Report so inaccurate as to make their certification of the Report “inaccurate or untrue” in violation of Section 106.07(5), Fla. Stat. While the FEC does not agree with the ALJ’s conclusion (COL @ 4§ 23-25) that using an incorrect form cannot form the underlying basis of a finding that a report violates Section 106.07(5), it agrees with his conclusion that no violation occurred here. . WHEREFORE, based upon the foregoing and as amended by the Commission’s rulings on the exceptions filed herein, the FEC hereby accepts the Findings of Fact, Conclusions of Law and Recommendation of the ALJ and DISMISSES the charges against the Respondents. nd > DONE and ORDERED this Q2 day of Cgurt 2003. Chanee Qnroins Chance Irvine, Chairman Florida Elections Commission CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to counsel for Respondents, Robin Gibson, Esquire, Gibson, Valenti & Ashley, 212 East Stuart Avenue, Lake Wales, Florida, 33853, by U.S. mail, and by hand delivery to Clerk, Florida Elections Commission, 107 West Gaines nd Street, Suite 224, Tallahassee mail this 22 day of — luge 2003. y; by

Docket for Case No: 02-004913
Issue Date Proceedings
Aug. 25, 2003 Final Order filed.
Mar. 21, 2003 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Mar. 21, 2003 Recommended Order issued (hearing held March 5, 2003) CASE CLOSED.
Mar. 17, 2003 Respondent`s Proposed Recommended Order filed.
Mar. 17, 2003 Notice of Filing filed by E. Lipman.
Mar. 17, 2003 (Proposed) Recommended Order filed by R. Gibson.
Mar. 05, 2003 CASE STATUS: Hearing Held; see case file for applicable time frames.
Feb. 28, 2003 Florida Election Commission`s Response to Petitioners` Request for Admissions (filed via facsimile).
Feb. 27, 2003 Joint Pre-hearing Stipulation filed.
Feb. 17, 2003 Order issued. (Petitioner`s motion for summary final order in case no. 02-4913 and 02-4914 is denied, Respondent`s cross-motion for summary final order or in the alternative motion for relinquishment of jurisdiction is denied)
Feb. 07, 2003 Respondent`s Opposition to Motions for Summary Final Order and Respondent`s Cross-Motion for Summary Final Order or in the Alternative Motion for Relinquishment of Jurisdiction filed.
Jan. 29, 2003 Request for Admissions Directed to Florida Elections Commission filed by Petitioner.
Jan. 29, 2003 Request for Production Directed to Florida Elections Commission filed by Petitioner.
Jan. 29, 2003 Notice of InterrogatoriesDirected to Florida Elections Commission filed by Petitioner.
Jan. 29, 2003 Motion for Summary Final Order filed by Petitioner.
Jan. 29, 2003 Clarification of Motion to Consolidate Cases and Trials filed by Petitioner.
Jan. 23, 2003 Order of Consolidation issued. (consolidated cases are: 02-004913, 02-004914)
Jan. 23, 2003 Amended Notice of Hearing issued. (hearing set for March 5, 2003; 9:00 a.m.; Orlando, FL, amended as to Hearing date).
Jan. 09, 2003 Joint Response to Initial Order (filed via facsimile).
Jan. 08, 2003 Amended Notice of Hearing issued. (hearing set for March 5, 2003; 9:00 a.m.; Orlando, FL, amended as to Hearing Date).
Jan. 07, 2003 Motion to Reset Final Hearing (filed by Respondent via facsimile).
Jan. 02, 2003 Order of Pre-hearing Instructions issued.
Jan. 02, 2003 Notice of Hearing issued (hearing set for February 13, 2003; 9:00 a.m.; Orlando, FL).
Dec. 31, 2002 Initial Order issued.
Dec. 31, 2002 Order of Probable Cause filed.
Dec. 31, 2002 Petition Requesting Formal Hearing filed.
Dec. 31, 2002 Agency referral filed.

Orders for Case No: 02-004913
Issue Date Document Summary
Aug. 22, 2003 Agency Final Order
Mar. 21, 2003 Recommended Order Political committee satisfied the statute in appointing a deputy campaign treasurer; it was not necessary that they do so on a Division of Elections form.
Source:  Florida - Division of Administrative Hearings

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